Darcy v Medtel Pty Limited (No 4) [2004] FCA 1599

FEDERAL COURT OF AUSTRALIA

Darcy v Medtel Pty Limited (No 4) [2004] FCA 1599

PATRICK NOEL DARCY in a representative capacity on behalf of the persons referred to in par 1 of the Third Amended Statement of Claim v MEDTEL PTY LIMITED & Anor NSD 932 of 2001 SACKVILLE J SYDNEY 3 DECEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 932 of 2001

BETWEEN: PATRICK NOEL DARCY in a representative capacity on behalf of the persons referred to in par 1 of the Third Amended Statement of Claim

APPLICANT

AND: MEDTEL PTY LIMITED

(acn 076 530 946)

FIRST RESPONDENT

PACESETTER INC a Delaware corporation with its principal place of business 15900 Valley View Court, Sylmar, California

SECOND RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 3 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The settlement agreement embodied in: (a) the Deed of Settlement which is Annexure 1 to these Orders; and (b) the Settlement Scheme which is Annexure 2 to these Orders; be approved for the purposes of s 33V of the Federal Court of Australia Act 1976(Cth) ('the Act'). 1. The proceedings be dismissed but without prejudice to such entitlement as the Respondents may have to re-list the proceedings before this Court pursuant to cl 2.7 of Sch 1 to the Deed of Settlement. 2. All costs orders be vacated. 3. The parties be granted liberty to apply in relation to any costs orders sought. THE COURT NOTES THAT: 1. The group members affected by these Orders are the 160 persons or representatives of deceased estates identified in the affidavit of Kathryn Tanos sworn on 6 December 2004. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. ANNEXURE 1 TO THE ORDERS